Applying for a full pension in the event of total work incapacity following an accident or an occupational disease that occurred on or after 1 January 2011
Last update
In the event of total temporary incapacity for work due to a work-related/commuting accident or an occupational illness, a cash benefit is paid to the victim (i.e. the insured) for a maximum of 78 weeks (over a reference period of 104 weeks). This monetary allowance is calculated as for health insurance.
Beyond this limit or in the absence of monetary compensation, and for as long as total work incapacity persists, a full pension may be granted upon request.
Who is concerned
The following may apply for an accident pension in the event of temporary full disability:
- employees (private and public sector) insured in Luxembourg, be they residents or cross-border employees, whether or not they are nationals of the European Union;
- self-employed (non-salaried) workers;
- children, schoolchildren, secondary school students and university students, subject to certain conditions.
Note that in order to benefit from the full pension, the insured must be under 65 years of age.
Prerequisites
The insured must experience a decrease in his work capacity following an accident or an occupational disease to be able to claim the benefit of the full pension from the Accident Insurance Association (AAA).
During his total work incapacity, the insured person is entitled to a full pension from the end of the right to sickness benefit which:
- normally coincides with that of a continuous or discontinuous period of work incapacity of 78 weeks over a reference period of 104 weeks irrespective of its cause; or
- may occur earlier, particularly in the event of the termination of the assignment contract (in case of temporary employment) or fixed-term work (in the case of a fixed-term contract);
- in the absence of entitlement to the sickness benefit.
Note that the full pension can be combined with any disability pension.
Preliminary steps
The work, commuting orschool accident, or the occupational disease must have been declared forehand.
Deadlines
The insured person must submit their application within 3 years of the stabilisation of their condition or professional redeployment.
After this 3-year period has elapsed, the application is only admissible if the insured:
- proves that the consequences of the accident, in terms of the victim's working capacity, could only be ascertained later;
- was physically unable to make a request.
How to proceed
Submitting the application
The applicant must complete the application for full pension (see Online services and forms).
The duly completed and signed application must then be returned to the AAA.
Specific features and limitations of the complete pension
Specific features of the full pension
The full pension granted in the event of total disability of the insured corresponds in principle to his pensionable occupational income for the accident insurance scheme, during the 12 months 12 months preceding the accident or the occupational disease.
The pension will be suspended if the insured can legally or contractually continue to be paid for the activity they performed prior to the accident.
The AAA grants, refuses or withdraws the pension based on the advice of the Social Security Medical Board. The person concerned can still challenge the decision by way of appeal.
Except for children, schoolchildren, secondary school students and university students, the full annual pension shall be at least 12 times the social minimum wage and shall not exceed 60 times the social minimum wage applicable in the month of the accident.
Limitations in time
The insured loses the benefit of total disability and any benefits in kind if the Social Security Medical Board finds that the consequences of the accident or the occupational disease no longer justify total work incapacity.
Insured individuals may continue to receive their full pension if, on stabilisation of their injuries, they are permanently disabled. The insured receives the annuity:
- until the age of 65; or
- until the retirement age.
It should be noted that the National Pension Insurance Fund may apply anti-accumulation provisions provided for in the Social Security Code.
Appeal
Interested parties have several means of appeal at their disposal to assert their rights.
Online services and forms
Who to contact
-
Accident Insurance Association (AAA)
- Address:
-
4, rue Mercier
L-2144
Luxembourg
Luxembourg
L-2976 Luxembourg
- Phone:
- (+352) 26 19 15 1
- Website:
- http://www.aaa.lu
Desk opening hours (with or without booking an appointment via MyGuichet.lu):
Closed ⋅ Opens Monday at 8.00
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
-
Accident Insurance Association (AAA) Benefits department
- Address:
- Phone:
- (+352) 261915 2000
- Fax:
- (+352) 49 53 35
- Email address:
- prestations.aaa@secu.lu
Closed ⋅ Opens Monday à 9h00
- Sunday:
- Closed
- Monday:
- 9h00 à 11h30, 13h30 à 16h00
- Tuesday:
- 9h00 à 11h30, 13h30 à 16h00
- Wednesday:
- 9h00 à 11h30, 13h30 à 16h00
- Thursday:
- 9h00 à 11h30, 13h30 à 16h00
- Friday:
- 9h00 à 11h30, 13h30 à 16h00
- Saturday:
- Closed
Related procedures and links
Procedures
Links
Further information
-
Rente complète
sur le site de l’Association d’assurance accident
-
Pension d'invalidité
sur le Site de la Caisse nationale d’assurance pension - CNAP
Tools
Consult the current social parameters.
Legal references
- Code de la sécurité sociale - Livre II
- Association d'assurance accident - Statuts
-
Loi du 12 mai 2010
portant réforme de l'assurance accident
-
Règlement grand-ducal modifié du 17 décembre 2010
déterminant la procédure de déclaration des accidents et précisant la prise en charge de certaines prestations par l'assurance accident
